No. 18-1415

ASARCO LLC v. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC

Lower Court: Ninth Circuit
Docketed: 2019-05-10
Status: Denied
Type: Paid
Experienced Counsel
Tags: arbitration-authority arbitrator-authority arbitrator-jurisdiction circuit-split civil-procedure collective-bargaining collective-bargaining-agreement contract-interpretation due-process judicial-review labor-arbitration labor-law no-add-provision remedial-limits remedial-power scope-of-authority waiver
Key Terms:
Arbitration ERISA LaborRelations Privacy JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether an arbitrator can reform a collective bargaining agreement by adding language despite a contractual provision prohibiting the arbitrator from adding to or altering the agreement

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a collective bargaining agreement (“CBA”) that expressly states “[t]he arbitrator shall not have jurisdiction or authority to add to, detract from or alter in any way the provisions of this Agreement” prohibits the arbitrator from reforming the CBA by adding language to it? 2. Can a party bring to an arbitrator’s attention express contractual limits on his authority without waiving its objections that the arbitrator exceeded his authority by ignoring those agreed-upon limits?

Docket Entries

2019-10-07
Petition DENIED.
2019-07-24
DISTRIBUTED for Conference of 10/1/2019.
2019-07-24
Reply of petitioner ASARCO, LLC filed. (Distributed)
2019-07-10
Brief of respondent United Steel, Paper and Forestry, Rubber, Manfacturing, Energy, Allied Industrial and Service Workers International Union AFL-CIO, CLC in opposition filed.
2019-05-21
Motion to extend the time to file a response is granted and the time is extended to and including July 10, 2019.
2019-05-17
Motion to extend the time to file a response from June 10, 2019 to July 10, 2019, submitted to The Clerk.
2019-05-10
Petition for a writ of certiorari filed. (Response due June 10, 2019)
2019-03-29
Application (18A994) granted by Justice Kagan extending the time to file until May 10, 2019.
2019-03-27
Application (18A994) to extend the time to file a petition for a writ of certiorari from April 10, 2019 to May 10, 2019, submitted to Justice Kagan.

Attorneys

ASARCO, LLC
Rex S. HeinkeAkin Gump Strauss Hauer & Feld, LLP, Petitioner
United Steel etc., et al.
Michael David WeinerGilbert & Sackman, a Law Corporation, Respondent